IMM-398-97
OTTAWA, ONTARIO, THURSDAY, APRIL 3RD, 1997
BEFORE: THE HONOURABLE MR. JUSTICE TEITELBAUM
BETWEEN:
THOMPSON OPOKU
Applicant
- and -
HER MAJESTY THE QUEEN AND HER SERVANTS, THE MINISTER OF
CITIZENSHIP AND IMMIGRATION, AND THE SOLICITOR GENERAL OF CANADA
AND HIS AGENT THE CORRECTIONAL SERVICE OF CANADA
Respondents
ORDER AND REASONS FOR ORDER
The application to strike out the paragraph in the application for leave that states:
| "The applicant seeks an order instructing the Correctional Service of Canada to immediately return him to Pittsburg Institution, which was the institution he was taken from upon receipt of the Minister's opinion that he constitutes a danger to the public in Canada". |
| is allowed. |
| From a reading of the applicant's affidavit and from a reading of the grounds for the application for leave, it is apparent that the only reason for the applicant being transferred to a higher security level institution was the Minister's decision that the applicant constitutes a danger to the public in Canada pursuant to subsection 70(5) of the Immigration Act. |
| The applicant is only contesting, in his application for leave and judicial review, the Minister's decision under subsection 70(5) of the Immigration Act. |
| The applicant's remarks as to the issue of his transfer are to show the effects of the Minister's decision. |
| It is apparent that unless the applicant serves and files an application for judicial review against the decision to transfer him to a higher level institution, then that decision cannot be contested. |
| Her Majesty The Queen and Her Servants, The Solicitor General of Canada and His Agent and The Correctional Service of Canada are to be removed as parties. |
| I would add that, if in fact, the applicant was transferred to a higher level institution merely because of the Minister's decision, I would suggest that the applicant consider making an application for judicial review of the decision and ask for an extension of time to do so. |
| The application to strike paragraph 6 of the application for leave and judicial review is denied. |
| J U D G E |
FEDERAL COURT OF CANADA TRIAL DIVISION
NAMES OF SOLICITORS AND SOLICITORS ON THE RECORD
COURT FILE NO.: IMM-398-97
STYLE OF CAUSE: THOMPSON OPOKU v.
THE MINISTER OF CITIZENSHIP AND IMMIGRATION
MOTION DEALT WITH IN WRITING WITHOUT THE APPEARANCE OF PARTIES
DATE OF HEARING:
ORDER AND REASONS FOR ORDER OF THE HONOURABLE MR. JUSTICE TEITELBAUM
DATED: APRIL 3, 1997
WRITTEN REPRESENTATIONS BY:
THOMPSON OPOKU APPLICANT ON HIS OWN BEHALF
LORI HENDRIKS FOR THE RESPONDENT
SOLICITORS ON THE RECORD:
MR. GEORGE THOMSON FOR THE RESPONDENT DEPUTY ATTORNEY GENERAL OF CANADA